A Compromising Position / Educators file suit, say it was peers who were indiscreet

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1999-04-29 04:00:00 PDT CONCORD -- Two Concord teachers got caught in a classroom with their pants down, but two other school employees are complaining that they are the ones being punished -- for talking about the liaison.

They are suing, saying that they did not do anything wrong but that their reputations have been tarnished because the district has branded them troublemakers.

The controversy began in October 1997 when teaching aide Ana Doughty brought her two young daughters into a Highlands Elementary science lab. According to her lawsuit, Doughty found two teachers "on the floor under a table" in a compromising position.

Kathryn Luhe, attorney for the Mount Diablo Unified School District, said it began an investigation and "needed people to focus on education and not talk about it."

Thompson, Doughty and their lawyers said the district apparently did not discipline the two teachers involved in the alleged incident. Luhe refused to say whether the teachers, who have since moved to other schools, were disciplined.

Those teachers could not be reached for comment this week.

However, Luhe said, Doughty and Thompson were disciplined for not following a directive not to talk about the incident. Both women received verbal reprimands, and in Thompson's case, a written one.

"These two employees kept talking about it in a way that was disruptive, and it kept getting back to the district office," Luhe said. "They were told to get back to their business of education."

Doughty and Thompson, who say the district has infringed on their First Amendment rights, first sued last August, charging the district with slander for remarks they made about them and their punishment. The suit was dismissed on a technicality, but they refiled their complaint earlier this month, naming the Mount Diablo Unified School District, Holt and a district administrator as defendants.

Contra Costa Superior Court Judge Richard Flier heard arguments earlier this week on the district's motion to dismiss the suit and said he will rule later.

Thompson and Doughty said they have been continually harassed for informing school officials and discussing the conduct of their peers.

Thompson said she was punished after word spread that she had told a friend about the episode during a Christmas party at her home.

"The letter of reprimand was really a slap. I've been in the district for 26 years now, working with kids," said Thompson, who had never before been reprimanded.

"Instead of treating this issue the way it should be treated, they simply instructed the parents and the teachers not to talk about it," she said.

The women's lawsuit alleges that this was not the first time the male teacher has been seen in compromising positions on campus.

Doughty said she was traumatized by seeing the incident with her two daughters, who were in kindergarten and third grade at the time.

"Off in the corner I saw the movement. I saw (one teacher) crawl from under the table. He was leaning on it, and he was smiling and his face was all red," Doughty said.

"She crawled out from under the table while pulling up and zipping her pants," Doughty said.

Doughty said she spun her daughters around to avoid the scene.

"(He) immediately started walking towards me saying 'she had cramps,' " Doughty recalled. "Clearly she was not having a kidney stone attack."

The suit claims that Holt had warned other teachers to stay away from the two women and suggested that Doughty "needed psychological counseling."

Dan Threatt, its executive director, said schools have the right to tell teachers not to talk about sensitive issues.

"The question is, can a district administrator direct a teacher to hold back on their First Amendment right? I think they can. The question is where do you draw the line?" Threatt said.

Elizabeth Pritzker, an attorney for the nonprofit First Amendment Project in Oakland, said the situation is complex.

"They were talking about something that happened on school property and in their capacity as teachers," Pritzker said. "The obvious concern for administrators is whether their investigation is going to be compromised."

Parents at the school are stunned by the charges and torn over whether teachers should be told what they can talk about when they are not on school grounds.

Dallas Lamberson, whose son and daughter attend Highlands, said the district should try to squelch gossip about the incident, otherwise, "You get all kinds of rumors and things get blown out of proportion and facts get misrepresented."

Others criticized the two teachers accused of having the classroom rendezvous.

"It was stupid to do it in school. That is just it," said Cindy Devol, whose fifth-grade son, David, attends Highlands. "If they want to have a relationship out of school, that is one thing. It shows no respect for the kids or the school. It is just immature."

Ana Lee, 37, parent of a second- grader, said she heard about the incident from a neighbor.

"As a parent, I'm disturbed by it," Lee said. "You send your kids to school, and these teachers are supposed to be role models."